Abstract

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Subrogation to an Enrichment Claim and the
Subrogating Insurer's Duties: Some General
Observations on Obiter Remarks
JP VAN NIEKERK
University of South Africa
Despite its common occurrence in practice, many aspects of the law
surrounding the doctrine of subrogation remain either undetermined or unsettled.
The decision in St Helena Primary School & Another v MEC, Department of
Education, Free State Province & Another ([2005] JOL 15846 (O)) raised two
further unresolved aspects, namely whether an insurer may be subrogated to an
enrichment claim that the insured has against the third party, and whether the
insurer may proceed against the ..